| The succession of property came into being with the birth of private ownership system.Since humanity society departed from primitive state, succession system has been being the most important adjustment mode to society relationship, all the time.Generally, the category of succession of property falls into legal succession and testament succession.Making a comparison between them, the latter makes more respect and protection for the freedom of personal will. With the development of the society and the enhance of the legal idea of people, more and more people wanted to make a will to transport their estates freely before their death. However ,for some historic and technical reason, our testament succession system had some flaws.Most scholars researched the testament succession system in Continental Legal System,and few scholar researched it of Anglo-American Leagal SystemAt now, our civil code is being constituted,succession system will be amended as one part of the code. This thesis examines the wills in the United States of America and tries to give some suggestions, so that we can improve our legislation.This essay contains three parts, about 37 thousand words. In the first chapter ,1 introduce the summary of the testament succesion system in the United States.Including the meaning of the testamentary, requirments for a valid will,the formalites of wills, the construction of will and the administration of the eatate Among of those system,the administration of the estate is the most important, worthy of leaning especially.So I detailedly introduced the beginning,the process, the engding of the administration,and the right and the obligation of the executor.In the second chapter ,I make a study on the testament succesion system in the United States. Comparison with our testament succesion system ,the characteristic system in the United States is the elective share, homestead allowance, exempt property, family allowance, estate administration, constuction of wills. I analyse the basic fuction of the testament succesion system in the United States, in hope that we can make reference to the foreign experience to improve our testament succesion system. |
